Motion to amend a pro se medical malpractice complaint...

by Dan
(Madisonville, KY)

I filed a pro se medical malpractice complaint in Davidson County Tennessee District Court. On the complaint I put the wrong surgery date.

I need to amend my complaint to correct the date and to also add defendants. Do I have to get permission from the court to strike and amend or can I file without permission?

Disclaimer: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney.

ANSWER for "Motion to amend a pro se medical malpractice complaint...":

Dan:

Kentucky Rules of Procedure allow you to amend your original Petition several times. The caveat is to be sure to comply with the specific Discovery and Pre-trial procedure set out by the Judge in your case. Depending on the complexity of a case the Judge may allow more time for Discovery, and hence more time to amend your Petition.

You should note though that the opposing party will have to meet each of your additional Amendments to your Original Petition with an Answer, thus escalating the costs of the suit.

If you don’t know already you should inquire from the Judge or her Court Administrator the preset dates and deadlines for pre-trial pleadings.

Best of luck!

Law Guy

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